The Department of Planning, Housing and Infrastructure (department) has introduced the State Significant Rezoning Policy (Policy), a streamlined pathway that aims to identify and carry out State significant rezonings to unlock additional housing and jobs.
In this blog, we summarise the key aspects of the Policy, particularly focusing on how private developments can be assessed under the rezoning pathways.
What is the aim of the Policy?
The Policy has been implemented to help address the state’s current housing crisis and aims to strategically fast-track projects to deliver land in support of housing and economic growth throughout NSW.
The Policy replaces the previous Rezoning Pathway Program, with the major difference being that moving forward, the entire rezoning process will be managed by a project delivery team within the department.
How is the rezoning pathway determined?
Under the Policy, rezoning proposals can be assessed through two state-based pathways:
- State-led rezoning proposals: Applicable for large or precinct-scale sites with complex State significant issues that are best managed by the department, where the proposal has a critical timeline and is shovel-ready. For State-led proposals, the department’s State Rezoning team is seen as the applicant and will prepare the planning, technical studies and community consultation required, as well as lead the assessment process.
- State-assessed rezoning proposals: Applicable for sites that are of State or environmental planning significance, or where the proposal has been unreasonably delayed in the planning system. Private developments can only be assessed through this pathway, and the applicant is responsible for preparing the rezoning proposal and technical studies required before submitting them to the department for assessment.
How are sites identified and selected?
The only way a potential site can be identified under the Policy is through an internal nomination process undertaken by the department, which occurs twice a year in March and September. According to the department, the minimum criteria used to determine whether a nominated site is eligible includes:
- The proposal is of State or regional significance or has been unreasonably delayed in the planning system.
- The proposal addresses the relevant planning legislation, strategic plan, policies and Directions by the Minister.
- Other considerations include:
- How many assessment days can be saved through a State rezoning pathway,
- The number of homes or jobs that can be delivered through the proposal,
- How quickly the project can be realised,
- Whether the site is well-located and serviced, and
- Whether the project’s level of complexity would benefit from a State rezoning pathway.
What steps are involved in the rezoning process?
Following the endorsement of a site under the Policy and determination of the appropriate rezoning pathway, applicants for State-assessed rezonings are required to prepare a rezoning proposal and technical studies to support the proposal.
The department is responsible for managing the rezoning process from the initial site identification through to finalisation. To summarise, the steps involved in the assessment and finalisation process for State-assessed rezoning applications include:
- Adequacy review: The department undertakes an adequacy review of draft proposals to confirm that all matters in the study requirements have been sufficiently met.
- Assessment: The department undertakes a comprehensive assessment of the rezoning proposal, including consulting and engaging with the relevant Council and agencies.
- Exhibition: To accompany the exhibition of the proposal, the department prepares an Explanation of Intended Effect (EIE) in accordance with the EP&A Act. The EIE and rezoning proposal are publicly exhibited.
- Post-exhibition: The department prepares a Finalisation Report to address the submissions received during the exhibition period. The department will notify the applicant if any necessary post-exhibition changes are required.
- Finalisation: The department prepares the required environmental planning instruments and maps and the final briefing package for approval by the Minister for Planning and Public Spaces.
What are the key takeaways of the Policy?
Considering the Policy has only recently been introduced, the key takeaways at this initial implementation stage include:
- Reduced timeframes: The end-to-end process aims to significantly reduce the timeframe for rezoning proposals; with State-assessed proposals expected to take 185-205 working days, and comparatively for State-led proposals, it will take 270 working days from exhibition. This means that applicants can expect a potential saving of 200 days.
- Public benefit: The streamlined rezoning process has been designed to assist with the needs of the state’s growing population and ensure there is a pipeline of rezoned land in NSW beyond 2029. The assessment criteria focus on public benefits, contribution to housing targets, infrastructure availability, investment certainty and providing social and affordable housing.
How can Barker Ryan Stewart assist?
Our experienced team of planners have a comprehensive understanding of the State Significant Rezoning Policy and can prepare technical studies required for your next development. For further information on how the Policy may impact your current or future development, please don’t hesitate to contact us.
